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Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.

I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 7, 2021

So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Ex husband bought new home prior to final divorce. Do I have legal rights to it? I signed no paperwork regarding it

Divorce final 7/15/2020, he closed on home 6/2020. Do I have legal rights to it since it was closed on prior to the divorce being finalized?

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In the order granting you a divorce, the Family Court likely also addressed the division of assets and debts. In very limited circumstances there is a possibility of addressing assets that were not disclosed before the divorce was granted.

1 Answer | Asked in Divorce for South Carolina on
Q: My husband wants a divorce. He has moved out of the house. What shall I do?

He has been gone for six months but he has agreed to continue to pay the mortgage and our car payments. I suspect infidelity but I don't have proof. What will be the right approach for me in this matter

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

The right approach will depend a lot on what your goals are. Because the two of you are living separately from each other now, you could file an action for separate support and maintenance with the Family Court, regardless of whether you have proof of adultery. A lawyer experienced with divorces... Read more »

1 Answer | Asked in Libel & Slander, Divorce, Employment Law and Family Law for South Carolina on
Q: Can my husband get me for abandonment if I move out of the home because he has a girlfriend.

has had a girlfriend for over a year now. He takes our daughter around her. they talk bad about me in front of her. The girlfriend threatens to hurt me.. She sends me text and calls me. She has been in my personal information through the unemployment office where she currently works. She tells... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In South Carolina, there is no divorce ground of abandonment; however, there is a ground called "desertion" that is not commonly used anymore. The most common ground for divorce is living separate and apart for more than one year, and the spouses must be separated before the one year can begin.

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

1 Answer | Asked in Divorce for New York on
Q: Hi. I divorced 10 yrs ago. No mention of Qdro in my paper work. Can I do this if not in my divorce documents?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 6, 2021

If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.

3 Answers | Asked in Divorce for Oklahoma on
Q: Does Oklahoma have jurisdiction over Arkansas when it comes to filing for a divorce that took place in Arkansas?

I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... Read more »

Pete David Louden
Pete David Louden answered on May 6, 2021

This is a situation where free advice over the internet is not going to resolve this issue. My suggestion is take all of your documents to an attorney so they can review and give you an opinion and explain your options.

If there is a marriage and you are trying to get divorced you would...
Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

3 Answers | Asked in Divorce for Georgia on
Q: Can you get a divorce for free? I've been separated from the husband for over 7 years

Been separated for 7+ years. Custody and child support are not an issue. We both want a divorce and to remarry. Divorce would be from Tennessee

Regina Irene Edwards
Regina Irene Edwards answered on May 6, 2021

Divorce is not free. There is a filing fee for each case. If you want to file without an attorney, you can do that, but there is a fee to file, which varies depending on which county you are in.

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

1 Answer | Asked in Divorce for California on
Q: Am I entitled to earnings from an inheritance if I'm getting divorced? Money has never been commingled in our accounts.

The money is in the stock market and has never been removed. He has accrued earnings from his initial inheritance. Am I entitled to half of his earnings from the inheritance?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 5, 2021

Inheritance and earnings on that inheritance are separate property.

1 Answer | Asked in Divorce for Florida on
Q: How does someone who is pro se request a court reporter?

Florida divorce case

Mr Eric Klein
Mr Eric Klein answered on May 5, 2021

Simply call a court reporting service and make your request. You should be able to locate a court reporter through Google. Good luck!

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: Can my wife put a restraining order on me using her Maiden name? We have not filed for divorce
Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.

2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I get full custody of my son after 2 years no contact from mother

I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 5, 2021

You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... Read more »

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How does the court determine who gets custody of a kid durning a divorce?
Brent T. Geers
Brent T. Geers answered on May 5, 2021

There are 12 "best interest" factors the court uses to determine custody.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband and I are divorcing and have drafted a settlement agreement outlining all issues concerning the children,

property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2021

If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: Who do I contact to see if the Court System has processed my final divorce documents? Ex wife’s lawyers filed the docs.

My ex wife’s lawyers created and filed the final divorce documents. I would like to get a copy of it and make sure it has actually been filed and processed. I want to have verification that we are legally divorced.

Sonja Aoun
Sonja Aoun answered on May 4, 2021

Some courts have this information online, but you can also call the Circuit Court clerk's office for the Virginia city or county where the divorce was filed. That's usually where you and/or ex lives.

1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

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